Biodiversity Litigation

Author: Guillaume Futhazar; Sandrine Maljean-Dubois; Jona Razzaque
Publisher: Oxford University Press
ISBN: 9780192865465
Published In: December 2022
Format: Hardback
Jurisdiction: U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only

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Biodiversity is in accelerated decline and urgent action is needed. In 2020, the Strategic Plan for Biodiversity ended, and none of its Aichi Targets were met. Despite the legally disappointing situation on a global level, the role of national courts in adjudicating climate change litigation is showing potential for effective mitigation and adaptation, and judges have become key actors in linking internationally agreed goals with tangible national commitments to mitigate climate change. Can this pursuit of globally agreed goals at a local level be transposed and lead a similar trend for biodiversity governance?

This edited collection gives readers an overview of the shape and reach of biodiversity litigation, drawing on specific case studies from countries such as Brazil, China, India and Canada. It considers two questions: Firstly, what is the influence of international biodiversity law on biodiversity litigation? Secondly, what are the trends of biodiversity litigation? Leading experts discuss these questions from the perspective of developing, developed and mega bio-diverse countries, promoting the concept of biodiversity litigation as a common notion of environmental law, and arguing for more creative legal thinking when dealing with and analysing biodiversity-related disputes.

1:Introduction: Setting the scene

Guillaume Futhazar, Sandrine Maljean-Dubois and Jona Razzaque

2:Biodiversity litigation in Australia : Constrained efforts to protect beauty, rich and rare

Margaret A. Young and Ella Vines

3:Biodiversity litigation in Brazil: A strategic tool to ensure the effectiveness of biodiversity protection

Carina Costa De Oliveira, Márcia Dieguez Leuzinger and Larissa Suassuna Carvalho Barros

4:Biodiversity litigation in Canada: In quest of accountability

Frederic Perron-Welch, Chris Tollefson and Joshua Ginsberg

5:Biodiversity litigation in China: Confronting degradation from all sides in the era of ecological civilization

Zhu Mingzhe

6:Biodiversity litigation in France: The quest for balance

Guillaume Futhazar and Lucas Dermenghem

7:Biodiversity litigation in India: A typology of cases and varieties of environmentalism

Arpitha Kodiveri

8:Biodiversity litigation in South Africa: A rich legal landscape for litigation

Neil Lubbe

9:Biodiversity litigation in the UK: A complex set of environmental law norms grappling with a diverging and fragmented legal justice system

Paul Stookes

10:International biodiversity litigation in the United States: Strong conservation laws but challenges with enforcement

William J. Snape III

11:Biodiversity litigation before the court of justice of the European Union: A promising pathway for better enforcement of international biodiversity law?

Charles-Hubert Born and Henfrik Schoukens

12:International biodiversity litigation: The increasing emphasis on biodiversity law before international courts and tribunals

Sandrine Maljean-Dubois and Elisa Morgera

13:Biodiversity litigation: Review of trends and challenges

Guillaume Futhazar, Sandrine Maljean-Dubois and Jona Razzaque